Question: Explain the interrelationship between the House of Representatives and the National Assembly in the law-making process of Nepal.
The Constitution of Nepal provides that the legislative powers of the Federal Parliament shall be exercised in accordance with the matters listed in Schedules 5, 7, and 9. The Federal Parliament consists of two Houses: the House of Representatives and the National Assembly. The Constitution establishes a functional relationship between these two Houses in the law-making process.
In general, a Bill passed by the Federal Parliament proceeds through presentation, discussion, and approval in the two Houses. In certain circumstances, a Bill may also be discussed and decided upon through a joint sitting of both Houses. The major aspects of the interrelationship between the two Houses in the legislative process are as follows:
- Both Houses respect their respective legislative jurisdictions. A Bill may be introduced, discussed, and passed only within the legislative powers prescribed by the Constitution.
- A Money Bill can be introduced only in the House of Representatives. Other Bills, except Money Bills, may originate in either House.
- A Bill passed by one House is transmitted to the other House. After being passed by both Houses, it is submitted to the President for authentication.
- The House of Representatives has a predominant role in relation to Money Bills, while the role of the National Assembly is comparatively limited. A Money Bill passed by the House of Representatives and transmitted to the National Assembly must be returned to the House of Representatives within 15 days, with any suggestions arising from its deliberation.
- The House of Representatives considers the suggestions made by the National Assembly. If it considers any of them appropriate, it may incorporate them and submit the Bill to the President for authentication.
- If the National Assembly does not return the Money Bill within 15 days of receiving it, the House of Representatives may submit the Bill to the President for authentication.
- A Bill other than a Money Bill passed by the House of Representatives and transmitted to the National Assembly must be passed or returned with suggestions within two months of its receipt. If the National Assembly does not return the Bill within that period, the House of Representatives may proceed to pass it and submit it to the President for authentication.
- If the National Assembly rejects a Bill other than a Money Bill passed by the House of Representatives, or passes it with amendments, the Bill is returned to the House of Representatives, where it originated.
- If the House of Representatives considers a Bill rejected or returned with amendments by the National Assembly and passes it again, either in its original form or with amendments, by a majority, the Bill is submitted to the President for authentication.
- If a Bill returned by the House of Representatives with amendments is passed again by the National Assembly by a majority with those amendments, it is submitted to the President for authentication.
- If there is a disagreement between the two Houses regarding a Bill other than a Money Bill, the Bill may be considered and passed through a joint sitting of both Houses and subsequently submitted to the President for authentication.
Conclusion
The House of Representatives, being a directly representative institution, is closely connected with the concerns and aspirations of citizens. The National Assembly, as a permanent House with members possessing experience and expertise, provides an opportunity for mature deliberation and constructive suggestions on Bills. Thus, the interrelationship between the two Houses is an important component of Nepal’s legislative process. Their complementary roles help incorporate public aspirations while contributing to the formulation of balanced, considered, and effective laws.